Guardianship Attorney for Incapacitated Adults in Virginia
According to the Virginia Code, there are two kinds of appointments the Circuit Court makes in relation to an incapacitated adult. These appointments include Guardianship and/or Conservatorship and/or Guardianship. An individual can be declared incompetent and have a guardian/conservator appointed at the same court proceeding.
Declaring Incompetency
Before the court appoints a conservator or guardian, the court must declare the individual incapacitated. For the court to declare an individual incapacitated, the court must rule that the individual is unable to make his/her own decisions in relation to his/her finances and daily care.
To prove that an individual is incompetent, detailed evidence must be submitted concerning the specific disabilities he/she faces. Just showing a pattern of poor choices and/or strange behavior are not enough to prove an individual’s incompetence.
Sworn statements from friends, family and treating physicians are crucial pieces of evidence in the court’s investigation. The court takes its decision seriously, as it should.
Conservatorship
In the state of Virginia, a conservator takes on the responsibility for managing the property and financial affairs of the incapacitated adult.
The conservator’s authority may be limited to certain areas or it may be expansive covering many aspects of the individual’s affairs. The Circuit Court determines the authority given to the conservator. For the court to consider appointing an individual as a conservator, it must be satisfied that he/she is financially responsible. Many times the Court requires surety of the conservator.
Guardianship
In the state of Virginia, a guardian makes the health care and personal decisions for an incapacitated adult. Just like the conservator, the guardian’s authority can be limited to certain areas or it can be expansive, covering many aspects of the individual’s affairs.
There are instances where the incapacitated adult only needs help with one aspect of his/her life: While in others, he/she is unable to make any serious decisions for himself/herself.
Beginning the Process
If you are interested in seeking representation regarding the guardianship or conservatorship of an incapacitated adult, call our office today.
Obtaining detailed information in relation to the medical diagnosis and disabilities of the incapacitated individual will expedite the process. For this reason, we will request the contact information of the treating physicians and close family members of the incapacitated adult.
If you are unable to acquire this information, we are happy to assist you in obtaining the documentation necessary to begin the guardianship/conservatorship process.
Richmond, Virginia | Ryan C. Young | Guardianship Attorney
